Osborne v. Southeastern Pennsylvania Transportation Authority

$130,000 Verdict

Date of Verdict: 

March 20.

Court and Case No.: 

Philadelphia Court of Common Pleas, No. 171203852.

Judge: 

Ann M. Butchart

Type of Action:

Motor vehicle.

Injuries: 

Leg and back injuries.

Plaintiffs Counsel: 

Grady Lowman, Simon & Simon.

Defense Counsel: 

Christina M. Spalding-Daniels, SEPTA legal department, Philadelphia.

Plaintiffs Expert:

Chava Goldschmidt, life care planning, Bala Cynwyd; Lance O. Yarus, orthopedic surgery, Philadelphia; Scott J. Pello, pain management, Turnersville, New Jersey.

Defense Expert:

Andrew H. Shaer, radiology, Jenkintown; Ronald N. Rosenfeld, orthopedic surgery, Broomall.

Comment:

On Sept. 8, 2017, plaintiff Diamond Osborne, 27, an instructional aide, was driving on Garrett Road, near its intersection at Huntley Road, in Upper Darby. While her car was stopped, it was rear-ended by a transit bus. Osborne claimed that she suffered injuries of her back.

Osborne sued the bus's operator, the Southeastern Pennsylvania Transportation Authority. Osborne alleged that the bus's driver was negligent in his or her operation of the bus. Osborne further alleged that SEPTA was vicariously liable for the driver's actions.

SEPTA stipulated to liability, and the case was tried on the issues of causation and damages.

Osborne's boyfriend drove her to an emergency room from the accident scene. She was examined and then released. In the following days, Osborne, complaining of low back pain, presented to a rehabilitation facility, where she treated through June 2018. She initially treated with a TENS unit and chiropractic care, which consisted of massage and spinal manipulation; she then transitioned to physical therapy, which consisted of exercise and massage.

Osborne came under the care of a neurologist, who, via an MRI, diagnosed her with a herniation at lumbar intervertebral disc L4-5. She was also diagnosed with clinical radiculopathy at that level after an EMG was negative. Osborne complained of radiating pain into her left leg, foot and toes. In March 2018, Osborne underwent a radiofrequency ablation and an SI joint injection in June.

According to Osborne, she discontinued treatment in summer 2018 in order to transition into a new job. However, she allegedly began to experience flare-ups in her low back and was prescribed pain medication, which she continued to take at the time of trial.

Osborne's pain-management specialist and expert in orthopedic surgery causally related her injuries and treatment to the accident. The expert, who determined that Osborne suffered a serious impairment of a body function, recommended that Osborne undergo a lumbar fusion and discectomy. Osborne's expert in life-care planning outlined a future care plan that included, in addition to surgery, injections, pain medications and physical therapy. The expert estimated future medical costs at $188,000.

Osborne testified that her ongoing back pain interferes with her job duties as an instructional aide for special needs children. Her job includes physically calming down a child physically when he or she goes into a crisis in which the child tries to hurt himself/herself and/or others. When this happens, Osborne immobilizes the child by going behind him or her and holding the child's arms. Osborne stated that hers is a physically demanding job that she has difficulty performing, due to her back injuries. She also testified that she has difficulty sleeping and standing/sitting for long periods, and that she is no longer able to drive two hours to baby-sit her sister's children. Osborne sought damages for past and future pain and suffering.

SEPTA's expert in orthopedic surgery, who examined Osborne, testified that, from the accident, Osborne suffered only a lumbar strain and sprain, which resolved. The expert determined that she did not suffer a serious impairment of a bodily function.

SEPTA's expert in radiology opined that Osborne's MRI showed not a herniation, but degenerative disc disease that predated the accident. The expert concluded that the MRI showed no evidence of a traumatically induced injury.

The jury found that Osborne suffered a serious impairment of a bodily function. She was determined to receive $130,000.

This report is based on information that was provided by plaintiff's counsel. Defense counsel did not respond to the reporter's phone calls.

—This report first appeared in VerdictSearch, an ALM publication